CC wrote:
What safeguards are there in our legal system to protect the victim
and prevent
the following kind of lawsuit abuse?
1. Pro Se Judgment Proof Vexatious Litigant bandit files a frivolous
suit
against victim in a foreign state to victim.
A court in a foreign state would not have personal jurisdiction over an
out of state defendant unless subject to a long-arm statute, such as
you getting into an auto accident or conducting business in that
foreign state where judgment was entered.
2. Bandit does not serve victim with papers, so victim never knows
about suit,
and bandit gets a default judgment.
If no service, you just need to file a motion to vacate the default
judgment.
Even if you are out of state, you still are required to be given notice
of the litigation.
3. Bandit waits for time period in which victim can possibly file an
appeal to
the fraudulent default judgment to expire,
and bandit then begins to try to seize victim's assets.
You are not wanting to appeal, you need to file a motion to vacate the
default judgment. You don't give any real details of the action, but
should be pretty straightforward. Find an attorney in city where the
action was filed, have them file a motion to vacate as well as a CR11
Motion for sanctions (frivilous lawsuit) if the litigation is in fact
frivilous.
Good luck.
This posting is for discussion purposes and is not intended as legal
advice. If you want legal advice, hire a lawyer.
-David
